2011 OSEP Leadership Mega Conference Collaboration to Achieve Success from Cradle to Career 2.0 RTI: Instructional Process and Evaluation Component Response to Intervention OSEP MEMO Susan Kauffman, OSEP Presentation #308 (Repeated #316) 8/2/111

Introduction –Memo SLD Identification State Criteria RTI (framework) Using RTI As Part of An Evaluation Parent Request For Evaluation 8/2/112

Reason for Memo In some instances OSEP has found that local education agencies (LEA’s) may be using Response to Intervention to delay or deny a timely evaluation for children suspected of having a disability 8/2/113

MEMO A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA) January 21, /2/114

34 CFR § (a) requires a State to adopt criteria for determining whether a child has a specific learning disability. An LEA must comply with the criteria adopted by its SEA IDEA includes a provision mandating that States allow, as part of their criteria for determining whether a child has a specific learning disability (SLD), the use of a process based on the child’s response to scientific, research-based intervention 34 CFR § (a)(2) 8/2/115

Under this provision A States criteria: Must permit RTI May require RTI May permit the use of other alternative research-based procedures for determining whether a child has an SLD A State must not: Require the use of a discrepancy model And may prohibit the use of a discrepancy model 8/2/116

The Department of Education does NOT subscribe to a particular RTI framework Core Characteristics of RTI Models: 1.Students receive high quality research-based instruction in their general education setting; 2.Continuous monitoring of student performance; 3.All students are screened for academic and behavioral problems; and 4.Multiple levels (tiers) of instruction that progressively more intense, based on the student’s response to instruction 8/2/117

Evaluation Criteria An LEA must include a variety of assessment tools and may not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability under 34 CFR §300.8, as required under 34 CFR § (b) Results of an RTI process may be one component of the information reviewed as part of the evaluation procedures required under sections and /2/118

Evaluation Criteria RTI does not replace a comprehensive evaluation and all other requirements required under 34 CFR §§ (Evaluation and Reevaluations) are applicable 8/2/119

The regulations at 34 CFR § (b) allow a parent to request an initial evaluation at any time to determine if a child is a child with a disability The LEA must provide the parent with notice under 34 §§ and before conducting an evaluation 8/2/1110

Obtain informed parental consent, consistent with 34 CFR §300.9, before conducting the evaluation Obtain consent within a reasonable period of time after referral 8/2/1111

If the LEA denies the request for an initial evaluation, the LEA must provide written notice to parents 34 CFR § (a) and (b) 8/2/1112

An LEA cannot reject a referral and/or delay provision of an initial evaluation on the basis that child has not participated in an RTI process 34 CFR §§ through /2/1113

A Response to Intervention process cannot be used to delay or deny an evaluation, pursuant to 34 CFR §§ , for a child suspected of having a disability under 34 CFR § /2/1114

References OSEP Memorandum Questions and Answers on RTI and Coordinated Early Intervening Services (CEIS), January Letter to Brekken, Letter to Clarke, Letter to Copenhaver, Letters to Zirkel , , and /2/1115